Tag Archives: Issue 1

Why There Should Be a Duty to Mitigate Liquidated Damages Clauses

On May 15, 2008, the Massachusetts Supreme Judicial Court held that there is no duty for non-breaching parties to mitigate damages in the face of a liquidated damages clause. In 2002, Paul Minihane entered into a ten-year license agreement with … Continue reading

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Categorizing Zipporah’s Petition

Let me begin by expressing how much I enjoyed reading and hearing Melinde Sanborn’s fascinating essay on Zipporah’s case. I cannot emphasize enough how valuable work like Sanborn’s is to historians such as myself who try to write synthetic histories … Continue reading

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Habeas by Any Other Name

I am most grateful to Melinde Sanborn and Professor William E. Nelson for their work on a fascinating case which has enriched my thinking regarding the major project now engaging me and enabled me to put together a few preliminary … Continue reading

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The Case of the Headless Baby: Did Interracial Sex in the Massachusetts Bay Colony Lead to Infanticide and the Earliest Habeas Corpus Petition in America?

Zipporah’s unique struggle is such a case. It has no docket number or minute book entry, is tactfully ignored by the diarists and letterwriters of the day, but tells its tale through a few depositions, an inquisition post mortem, and … Continue reading

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An Attorney-Client Privilege for Embattled Tax Practitioners: A Legislative Response to Uncertain Legal Counsel

For nearly 500 years, the attorney-client privilege has protected confidential communications between clients seeking legal advice and their attorneys. By shielding the communications, the privilege is generally thought to foster candidness, enhancing the thoughtfulness of the litigation process and allowing … Continue reading

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Discovering Secrets: Act of State Defenses to Bribery Cases

Prosecution of white collar crime, particularly grand corruption bribery, is increasing. High-level bribery is structurally similar to illegal drug cartels and terrorist organizations. Bribe-givers are serviced by multinational networks of attorneys and bankers—the “gatekeepers.” The prosecution of New York attorney … Continue reading

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Legal Turmoil in a Factious Colony: New York, 1664-1776

When Colonel Richard Nicolls, the first English governor of New York, arrived in the fall of 1664, two quite different legal systems confronted him. On Manhattan Island and along the Hudson River, sophisticated courts modeled on those of the Netherlands … Continue reading

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What the Law Should (and Should Not) Learn from Child Development Research

Our legal tradition has always distinguished between children and adults and justified those distinctions in developmental terms. Only relatively recently, however, has that development been extensively studied by psychologists and still more recently, by neuroscientists. Conventional wisdom among children’s rights … Continue reading

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Small is the New Biglaw: Some Thoughts on Technology, Economics, and the Practice of Law

These are not happy times for either the practice or the teaching of law. On the practice side, law firms are folding and laying off lawyers in unprecedented numbers, while on the teaching side, many of us wonder whether the … Continue reading

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Managing Scarce Water in the Face of Global Climate Change: Preventing Conflict in the Horn of Africa

Scientists predict that global climate change will alter the planet in significant ways. Weather patterns will change, causing drought in some areas and increased precipitation leading to devastating flooding in others. The United Nations, a significant number of governments, and … Continue reading

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